Captain gives evidence in dangerous driving case

AN Australian Army captain has told a court there was no reason for a former soldier to perform a manouevre in an 11-tonne armoured vehicle that allegedly led to the death of a colleague.

Pte David Jon Smith was killed when the armoured personnel carrier under his command overturned during a training exercise at Puckapunyal military camp in June, 2009.

Anthony Brandt, who was driving the vehicle, is on trial at the County Court charged with dangerous driving causing death.

The 28-year-old has pleaded not guilty.

Prosecutors allege the pair was engaged in a training exercise with another vehicle when they performed a manoeuvre, known as a power slide, that was not part of the plan.

The court heard "they were doing high-speed sharp turns" when the vehicle rolled and killed Pte Smith who was standing with his head outside the turret.

Captain Joshua Mickle, an Army driving instructor, today told the court there was no reason for the manoeuvre to have been performed.

"I have seen it happen before, but it's not something that as an instructor I would tell students to go and do," he said.

"As someone that is liable or someone who has that responsibility, I certainly wouldn't say to anyone go and perform a manoeuvre where you travel at high speed and try to get the vehicle sideways.

"It is unsafe," he said.

Captain Mickle said the only time the manoeuvre might have been appropriate is if the vehicle was under attack.

"In the event that under extreme duress or in an extremist situation where you are trying to avoid incoming fire or something of the like in an operational requirement or under operational conditions," he said.

"But in these circumstances there is no reason why they should have been carrying out this manoeuvre."

Earlier Mr Brandt's lawyer, John Dickinson SC, told the court as the driver Mr Brandt had to take orders from the vehicle commander, Pte Smith.

He said the defence force command structure dictated that drivers always took orders from commanders regardless of rank.

"The commander is responsible for where that APC goes (and) how fast it goes. Not the driver," he said.

Mr Dickinson said the soldiers had performed the manoeuvre in line with expectations that they continually work to improve their vehicle handling expertise.

But Colonel Roger Symons told the court the power slide manoeuvre was "outside the vehicle's performance envelope and outside the Army's supporting training regime".